jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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After a six year childless marriage, my wife claims that I will owe her rehabilitative alimony. She currently has a full time job that pays 50,000 a year, and she is voluntarly leaving it to move across the country.
My wife is also claiming that because I made a little more than half the amount of money she makes (only over the last two years), that that resulted in establishing a living standard that I will have to help her maintain once we get divorced. We do not live in a mansion, nor do we have even close to an extravagant lifestyle. We live in a one bedroom apartment and drive a Jetta, which is how we lived before we got married. In addition to this, because she claims that she is permantly disabled from a foot injury she got in the first week of our marriage, she is entitled to even more alimony.
Are her claims valid, even though she's proved that she's able to work despite any claimed disability? Is she entitled to any rehabilitative alimony, even though she has a degree from an elite college?
I know this is a long one. Tks
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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It is doubtful she would receive alimony based on a six year marriage in which she worked full-time, earns a wage to enable her to be self-sufficent and has a formal education.
Tell her to suck wind.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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That is hilarious...tell her to pound sand.
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13.1...because I am only half crazy!
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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Tks! I think the reason she's using the standard if living thing is that I paid the majority of our mortgage, her gym mebership, car insurance, etc. I think it's pretty laughable too. She also wants me to pay her health insuance!
Hell, I think I should be paid for living with this person the last six years!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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"My wife is also claiming that because I made a little more than half the amount of money she makes"
She made $50,000, you made $25,000. Explain to her that, as the MAIN wage earner, if ANYONE got alimony to maintain the standard of living established, it would be YOU. You WON'T get alimony, but she DEFINITELY won't get alimony.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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I made a mistake in stating hom much money I made. She makes 50,000 a year and in the past 2 years I made anaverage of 110,000. I hope I didn't waste anyone's time in replying to my message.
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Renee
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
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Take a camera to court at your final hearing.... you're going to want to capture the look on her face when the judge laughs his @ss off at her requests....
She's making 50k a year and has an education. If she thinks she's going to blackmail you into paying what she wants because you look at p0rn on the internet, she's delusional and needs to get over herself.
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Debbie_L
Pooh-Bah
Reged: 06/06/05
Posts: 2031
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Was there something about p0rn in the posts? If so, I missed that, but you're right, I can't see how that would be relevant to alimony.
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Renee
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
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The OP has a question about viewing p0rn in the DV board. Sounds like his W is trying to do a mind warp on him about it to get a better settlement than she deserves.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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I'm a little confused.. Is the woman permanently disabled since the first week of the marriage, or is she working and making $50K a year? Or is she just saying she SHOULD be permanently disabled and not working at all due to her injury? Which if she's been working for 6 years with a foot injury would seem to invalidate the diability claim in and of itself.
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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Currently she is working and making 50,000 a year, and has worked in her current job for four years, and part time for the year before that. She did not work at all in our first year of marriage. She claims that she has a lifelong disability because she broke her foot and needed surgery the first year of our marriage. She also claims to have tendonitis in her wrists from using a computer, etc, and claims that she might have mesothelioma from asbestos in an art studio she worked in for ten years prior to our marriage. Basically what she believes is this: I made 110,000 for the past two years, and she thinks she can just subtract the amount she makes now from what I made and that's what she gets.
She also thinks I should pay half the car payment for a car she brought into the marriage, along with the insurance. Add to that paying to maintain her dog, her health insurance which she quotes will be around 650 a month, her cable and phone bill, her gym membership of 80 a month, her prescription fees, etc, etc.
Note that we lived in a one bedroom apartment before we got married and drove a Jetta. That's exactly how we live now!
I should also mention that she is voluntarily quitting her job and moving from NJ to CA. She expects me to pay her moving expenses and basically shell out 56,000 to allow her to 'live' for the first year there, along with 2000 rehabilitative alimony a month for three years (this is a new development.) But basically, and no joking, I could probably get the New York Rangers orthopedist to disprove that she's permantly disabled. Then she'd have to hire a doctor to prove it, which could get expensive.
My family has a good deal of money to throw at lawyers. I think she's bluffing me and doesn't realize that I will stretch this out over two years and make it very expensive and difficult for everyone. She doesn't really have any money, and it looks like only an ambulance chaser will work on a contingency fee.
Her history is a pretty shady and litigious. During our marriage she got a settlement for a back injury prior to our marriage. In the first year of our marriage she claimed bankruptcy, supposedly because of her foot. And now she's threatening to go for an asset that I brought into the marriage and that three lawyers told me was pre-marital and passive (see Painter v. Painter, 1974, NJ). So there's another lawsuit for you. Don't know whether or not this will work in my favor.
Man, that was long. Thanks to everyone for their patience. Hope I'll get to help somebody here one day.
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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disabled and unable to work by her physicians, she is not disabled. In addition, the Department of Labor needs to concur with the physician declaration. It sounds more like she WANTS to be disabled.
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Debbie_L
Pooh-Bah
Reged: 06/06/05
Posts: 2031
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"Her history is a pretty shady and litigious."
Yet you married her?
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Renee
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
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Love is blind..... ; )
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Debbie_L
Pooh-Bah
Reged: 06/06/05
Posts: 2031
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I sometimes think it's deaf, dumb and blind, lol.
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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I would say that it's hard to know everything about a person's nature before you get married, so I don't think the 'deaf dumb and blind' comment is neccesary
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Renee
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
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It wasn't meant as an attack jhan.... we've all been fooled by someone who presented as one thing and was really something else. Because we're in love and wanting the dream, we tend to overlook the warning signs that are usually somewhere in the relationship. Thats also a part of human nature sometimes....
I personally think its a good thing -- if you don't go thru life hoping for the best, all that leaves is to expect the worst.
Wow... and to think I hated philisophy in college... : ) I better not quit my day job.
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Lucy44
old hand
Reged: 07/11/05
Posts: 874
Loc: Rochester, MN
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by the lawyers? What do they figure the settlement should be?
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Experience is a wonderful thing.
It enables you to recognize a mistake when you make it again.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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[quote]I would say that it's hard to know everything about a person's nature before you get married[/quote]
Amen and HALLELUJAH!! God, don't you just wish you had like a magic 8 ball that really WORKED before one wed someone else?
Sounds like she's, for lack of a better word, but one of my favorite ones I never get to use.. a grifter. Scam here, scam there. She doesn't sound like she has a (sorry) foot to stand on ;) I wouldn't worry too much about it.
Good luck!
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trophywife
member
Reged: 01/26/07
Posts: 166
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You have a large enough income spread that she could expect something for a brief period. For example, 500 to 1000 a month for 10 years (one third of you income less 50 percent of hers for half the length of the marriage). I would not accept much less without letting a judge decide.
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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usually doesn't qualify for ANY alimony....as I'm sure you know.
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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She was unable to work the first year of our marriage. The second year, she worked part time. The last three years, she's worked full time. But she says she is disabled because she would not be able to work to her full proffessional capacity from now on, whatever that means. I guess it means she would never be able to hold a job that makes over 50,000 a year.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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She was unable to work the first year of our marriage.
---> Why?
But she says she is disabled because she would not be able to work to her full proffessional capacity from now on, whatever that means.
---> Has she been diagnosed by a doctor?
---> How was she supported herself PRIOR to the marriage?
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If you air your dirty linen in public, expect people to comment on the skid marks!
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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AT the very begginning of oue first year of marriage she broke her foot and needed surgery to put a screw in her foot, which she then needed to have taken out a while later. Since then she's been diagnosed as permanently disabled by her doctors. A few things, though. She's been working full time as a high school teacher for three years.
She used to be an illustrator before we got married. Her work involved sculpture, etc, so she didn't just work sitting down. Her work was actually somewhat physically demadning.
She made almost no money the two years prior to our marriage. Her income for at leastten years prior to our marriage varied greatly, as she was a freelance illustrator.
She also applied for social security benefits and state disability benefits and was turned down.
This person will do her UTMOST to prove that she is cripled for life (sorry about the non-pc terminology).
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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Since then she's been diagnosed as permanently disabled by her doctors. A few things, though. She's been working full time as a high school teacher for three years.
---> "Disabled" or not...she is obviously capable of full-time employment and thus would NOT qualify for "rehab" alimony.
She made almost no money the two years prior to our marriage.
---> So how did she support herself?
She also applied for social security benefits and state disability benefits and was turned down.
---> Kind of hard to get disability benefits when you work FT as a HS teacher.
This person will do her UTMOST to prove that she is cripled for life (sorry about the non-pc terminology).
---> I'm not PC so don't worry about it. Tell her to go pound sound. That if she continues to drag this out, that you are going to ask for HER to pay YOUR attorney's fees and you WILL seek payment of said to the fullest extent of the law (can you say "garnishment".
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If you air your dirty linen in public, expect people to comment on the skid marks!
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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Hello again. Well, here it is . . . She wants 200,000 :-) :-) :-) Do you really know why I wan't to get divorced?
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